Overview : A recent Labour Court ruling (September 2018) has materially changed the rules on the enforceability of forfeiture clauses in German employment contracts that seek to limit the time in which an employee can bring a claim. Law change : A claim limitation (or forfeiture) clause in an employment contract that does
Read MoreIf an employee of a UK company is to be based wholly overseas (i.e. outside the UK) it may be unwise to make the employment contract subject to UK law and the UK courts. The better choice may be to make the contract subject to the law of the place of performance of
Read MoreUnder a new legal procedure, employers in Turkey can enforce non-compete restrictive covenants against former employees. Although the case law is as yet limited, the core principles are: The non-compete obligation must be set out clearly in the employment contract; The damage suffered by the employer as a result of
Read MoreIt is common practice in standard form German employment contracts to have a mutual clause that excludes claims by either party if they have not been declared by written notice within a stated time. These clauses often require the notice to be made in a specified hard copy format with a handwritten signature. Under
Read MoreWe are regularly asked to identify whether a worker is an employee or a contractor. The significance of the distinction is that the former have a wider range of legal rights when compared to a contractor. This is true in many European jurisdictions. Contractor advantage Unlike contractors, employees are entitled
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